STOCK MARKET BSE NSE

SC stays NCDRC order asking BMW to replace damaged car of customer with new one

NCDRC on December 10, 2019 directed BMW to compensate a customer by replacing his vehicle with a new one of the same model after it got damaged in an accident.

Published: 22nd September 2020 03:45 PM  |   Last Updated: 22nd September 2020 03:45 PM   |  A+A-

BMW India

Image for representation (File photo | AP)

By PTI

NEW DELHI: The Supreme Court has imposed an interim stay on an order of consumer commission NCDRC directing German automobile company BMW to compensate a customer by replacing his vehicle with a new one after it got damaged in an accident.

A bench headed by Justice D Y Chandrachud issued notices to the customer, Dassault Systemes India Private Limited,  Bajaj Allianz General Insurance Company Limited, Bird Automotive Pvt Ltd and sought their replies.

"There shall be an interim stay of the judgment and order of the National Consumer Disputes Redressal Commission (NCDRC) dated 10 December 2019, pending further orders. List the Special Leave Petitions for final disposal after four weeks," said the bench also comprising Justices Indu Malhotra and K M Joseph.

The apex court was hearing an appeal filed by BMW challenging the NCDRC order.

NCDRC on December 10, 2019 directed BMW to compensate a customer by replacing his vehicle with a new one of the same model after it got damaged in an accident.

It asked Bajaj Allianz and BMW to compensate the loss incurred by a Delhi resident Mukul Aggarwal after the vehicle, which was insured under the BMW Secure policy, met with an accident.

Under the BMW Secure policy, a damaged vehicle is replaced with a new one upon confirmation of total loss of vehicle by a survey report.

The NCDRC also asked the company to pay Aggarwal all the expenses incurred, including the registration, road tax and logistics charges paid by him.

The commission, while upholding the state commission's order, dismissed the review pleas filed by BMW and the insurance company, holding it guilty of deficient service for repudiating Aggarwal's claim, which was made after his vehicle got badly damaged in an accident in July 2012.

"Now, since it has been held that the repudiation of the claim by the insurance company (Bajaj Allianz) was wrong and amounted to deficiency in service, under the BMW secure policy, the complainants are entitled for a new car from the appellant," the NCDRC said in its order.



Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

IPL_2020
flipboard facebook twitter whatsapp